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Pedestrian Accidents
Understand your rights after a pedestrian accident and how Block Law can help you pursue the compensation you deserve.
Pedestrians have virtually no protection when struck by a vehicle, and the injuries sustained are often severe, life altering, and in the worst cases, fatal. California law provides strong protections for pedestrians, but insurance companies work quickly to shift blame onto the victim.
We start by identifying every responsible party and gathering the evidence needed to build the strongest possible case. From there, we fight to make sure injured pedestrians and their families recover the full compensation they deserve.
What to do After A Pedestrian Accident
- Seek medical attention immediately, even if your wounds seem minor.
- Collect contact information from the driver and any witnesses present.
- Document everything: photographs of your injuries, the location, road conditions, and crosswalk markings.
- Do not speak to the driver’s insurance company before consulting an attorney.
- Call Block Law to evaluate your claim and next steps.
Frequently Asked Questions
Yes, jaywalking does not disqualify you from recovering compensation in California. Under California’s pure comparative negligence rule, your damages are reduced by your percentage of fault. If a driver was speeding, distracted, or failed to yield, they may still bear the majority of responsibility even if you were crossing outside a crosswalk. Every case is evaluated on its full set of facts.
In most cases, you have two years from the date of your injury to file a lawsuit. If the accident happened on government property such as a public sidewalk, school, or city building, that window can shrink to as little as six months. Missing these deadlines can permanently bar your case, so the sooner you speak with an attorney, the better.
Pedestrians struck by vehicles often suffer serious injuries, and California law allows full compensation for those losses. This includes medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, and emotional distress. In cases involving permanent disability or wrongful death, damages can be significant.
Responsibility depends on the circumstances, but drivers are most commonly at fault. California law requires drivers to exercise reasonable care and yield to pedestrians in crosswalks. If a driver was speeding, running a red light, or distracted, they are likely liable. In some cases, other parties may share responsibility, including a government agency if a dangerous road condition contributed to the accident.
Still have questions about your accident?
Speak directly with a team member today — we’ll review your case for free!
Still have questions about your accident?
Speak directly with a team member - we’ll review your case for free.
Why Pedestrian Accident Injuries Are Often More Serious Than They Appear
It is common to walk away from a pedestrian accident in a state of shock, feeling less injured than you actually are. Adrenaline can mask serious pain, and injuries such as internal bleeding, spinal damage, and traumatic brain injuries may not present symptoms until hours or days after the impact. Seeking medical attention immediately is critical, not only for your health but to create a documented record that connects your injuries directly to the accident.
Pedestrian accidents also tend to produce injuries that worsen over time. What presents as soreness or stiffness in the days after an accident can develop into chronic pain, limited mobility, or a condition requiring long term treatment. Accepting a quick settlement before the full scope of your injuries and long term needs are known can permanently close the door on the compensation you actually deserve. California law gives you time to build a thorough claim and Block Law will advise you on how to use that time effectively.
Common Pedestrian Injuries
- Traumatic brain injuries
- Severe lacerations and road rash
- Spinal cord and back injuries
- Wrongful death
- Broken bones and fractures
- Emotional distress and PTSD
Common Causes Of Pedestrian Accidents
Understanding what caused your accident is the foundation of your legal claim.
Distracted Driving
Drivers who use phones, eat, or engage with in-vehicle technology while driving are among the leading causes of pedestrian accidents in California. At low and moderate speeds, a distracted driver may not see a pedestrian until it is too late to stop.
Failure to Yield at Crosswalks
California law requires drivers to yield to pedestrians in marked and unmarked crosswalks. Drivers who run red lights, ignore crosswalk signals, or fail to check for pedestrians before turning are responsible for some of the most serious pedestrian accidents in the state.
Left and Right Turn Accidents
Drivers making turns at intersections frequently focus on oncoming traffic and fail to check for pedestrians crossing legally. These accidents often occur at marked crosswalks where pedestrians have the right of way.
Speeding
Higher vehicle speeds dramatically increase both the likelihood of a collision and the severity of injuries sustained. A pedestrian struck by a vehicle traveling at 40 miles per hour is far more likely to sustain fatal injuries than one struck at 20 miles per hour.
Driving Under the Influence
Impaired drivers have significantly reduced reaction time and judgment, making them a serious danger to pedestrians. DUI crashes involving pedestrians often support additional punitive damages claims.
Pedestrian Accident Laws in California
California law provides strong protections for pedestrians, but successfully recovering full compensation requires the right legal strategy.
compensation
Pure comparative negligence
California follows a “pure comparative negligence” rule, meaning you can recover compensation even if you were partially at fault for the accident. However, your award is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you can still recover $80,000. Insurance companies often try to inflate your share of fault to reduce their payout — Block Law fights to keep that number as low as possible.
your rights
Right of way
Pedestrian protections California law gives pedestrians the right of way in both marked and unmarked crosswalks. Drivers are required to exercise due care for the safety of all pedestrians regardless of whether a crosswalk is marked. A driver who strikes a pedestrian in a crosswalk is presumed to have violated this duty of care.
Filing Deadline
Two-year statute of limitations
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. Exceptions apply for minors, injuries involving government entities, and cases where the injury was not immediately discovered. Missing these deadlines typically means losing your right to compensation entirely, regardless of how strong your case is. Do not wait to consult an attorney.
insurance
Disputes with insurance companies
Why pedestrian claims are frequently disputed Pedestrian accident claims are among the most aggressively disputed by insurance companies. Insurers frequently argue the pedestrian was at fault to reduce or eliminate their liability. Block Law handles all communications with insurers and fights to make sure the true facts of your case are heard.
Block Law serves clients throughout Southern California, including Orange County, Los Angeles, Riverside, and San Bernardino. If you were injured in a pedestrian accident anywhere in the region, our team is ready to review your case at no cost and advise you on your rights under California law.
Quick Facts
- Free consultations
- No fee unless we win
- We handle insurer communications
- Bilingual team available
Related Topics
Why Choose Block Law?
- Personalized attention from start to finish
- Free consultations. No fee unless we win.
- Available in English and Spanish
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